Nimb Inc. designs products and services to assist users to lead more secure lives. These Terms of Service (“Terms”) govern your purchase and use of our Nimb devices (“Products”), our websites, including nimb.com, the software embedded in Products, the Nimb mobile applications (the “Nimb Apps”), monthly monitoring and other Nimb services (collectively, the “Nimb Service”).
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE NIMB APP, VISIT NIMB.COM OR USE THE NIMB SERVICE.
These Terms May Change
Because our business and the environment we all live in changes, these Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on nimb.com. We also may notify you by email of other changes to the Terms through the Nimb Service (including through the App), or at our election and discretion, by providing you with a new Terms of Service to accept. When you use the Nimb Service after a modification is posted or you are notified of any modification, you are accepting the modifications to these Terms.
Who Can Use the Nimb Service?
You may use the Nimb Service if you are 13 years of age or older and are not barred from receiving services under applicable law. You may connect to the Nimb Service using (i) a Product that is manufactured, distributed, or sold by or on behalf of Nimb, (ii) a Nimb App, (iii) approved third-party applications or devices, or (iv) nimb.com (collectively, the “Authorized Connections”). You may not connect to the Nimb Service with any device that (x) is not manufactured, distributed, or sold by or on behalf of Nimb (such as a knock off or counterfeit version of a Product), (y) otherwise intends to resemble or purports to be a Nimb device, or (z) any unauthorized application or third party connection. Any violation or attempted violation of this provision may result in the immediate suspension or termination of your ability to access the Nimb Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
Creating an Account
Full use of any Nimb App requires that you create an account by providing us with your name, a valid e-mail address and a mobile phone number with SMS capability (and any other required information as specified in the Nimb App). You are responsible for all activity that occurs in association with your Nimb App account. Nimb is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Nimb App account credentials.
Full use of the Nimb Service is dependent upon your use of a mobile device with adequate software, or a Product, supported mobile cellular device and Internet access. The maintenance and security of this equipment may influence the performance of the Nimb Service (especially a Nimb App) and it is your responsibility to ensure the equipment’s functionality.
Posting Your Content On The Nimb Service
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Nimb Service will not: (a) infringe, misappropriate or otherwise violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote or otherwise contribute to discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are or would reasonably be expected to be threatening to any person or entity; or (g) promote illegal or harmful actions, activities or substances.
You also agree that Your Content will comply with the following community guidelines:
“Nimb Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Nimb Service to you. Except for Your Content, all Nimb Content, the Nimb Service and all underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Nimb Content or the Nimb Service, and you further agree not to reverse engineer or otherwise tamper with any Products, any Nimb Apps, or any other part of the Nimb Service.
Nimb makes no warranty that the Nimb Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. In addition, Nimb makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Nimb Content. You acknowledge and agree that if you rely on any Nimb Content, you do so solely at your own risk.
What You Can Do On The Nimb Service
The Nimb Service is intended solely for your personal, non-commercial use.
Nimb grants you a limited, non-exclusive, personal and non-transferable, non-sublicensable right and license to (1) access and view the Nimb Content, (2) access and use the software and mobile applications provided by the Nimb Service (including any Nimb Apps, but only if you have a genuine Nimb Product paired with a Nimb App), and (3) use the software that is embedded in Products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Nimb Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, reverse engineer, or otherwise exploit the Nimb Content, Nimb Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nimb or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Nimb Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Nimb Service: (1) use, display, mirror or frame (i) the Nimb Service or any individual element within the Nimb Service, (ii) Nimb’s name, (iii) any Nimb trademark, logo or other proprietary information, or (iv) the layout and design of any web page or form contained on a web page, without Nimb’s express written consent; (2) access or tamper with non-public areas of the Nimb Service, Nimb’s computer systems, or the technical delivery systems of Nimb’s providers; (3) test the vulnerability of any Nimb system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Nimb or any of Nimb’s providers or any other third party (including another user) to protect the Nimb Service or Nimb Content; (5) access the Nimb Service or Nimb Content through the use of any mechanism other than through the use of an Authorized Connection; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Nimb provides to you, or that is embedded or otherwise included in any Product or any other part of the Nimb Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Nimb Service, Nimb Content, or Your Content or to review or edit any Nimb Content or Your Content, but we have the right to do so for the purpose of operating the Nimb Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Nimb Service, any Nimb Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Nimb Content, Your Content, or your use of the Nimb Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Nimb Service.
Without limiting Nimb’s above rights, we may also remove or disable access to the Nimb Service if your use of the Nimb Service exceeds any Nimb App alert usage or other usage limits set by Nimb from time to time.
Use The Nimb Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Nimb Service, but we make no endorsement, representation or warranty of any kind about the Nimb Service including the activation of any alerts by you, any Nimb Content, information, services or recommendations. The accuracy of the data collected and presented through the Nimb Service is not intended to match that of public or other private emergency services.
Without limiting anything in the preceding paragraph, Nimb is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive or send through the Nimb Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. Use of the App also requires a data service, Bluetooth connection between the Nimb device and your smartphone, and a cellular connection. If you rely on any Nimb Content or the Nimb Service, you do so solely at your own risk.
Please review the Nimb Service General Disclaimer and the Nimb Limited Warranty so that you fully understand these limitations on the Nimb Service and your use of any Products and Nimb Apps.
Use Common Sense
Use of the Nimb Service (including but not limited to any Product and any Nimb App) should not replace your good judgment and common sense (and that of your Nimb contacts that you designate in any Nimb App and any other members of the Nimb community). Please read and comply with all safety and cautionary notices that accompany your Product and/or the Nimb Service, including those located on the Product packaging and insert, as well as any other notices posted on any part of the Nimb Service.
Nimb respects copyright law and expects its users to do the same. It is Nimb’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Additional Policies Apply To Product Orders
Nimb’s Terms of Sale (and Return Policy) and Nimb’s Limited Warranty apply to purchases made through the Nimb store at nimb.com. All orders placed are subject to Nimb’s acceptance. We may accept, decline, or place limits on your order for any reason.
We are always pleased to hear from users of the Nimb Service and those interested in Nimb, whether in the form of comments or other feedback. However, neither Nimb, nor any of its employees or any other representatives of Nimb, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to Nimb or any of its employees or representatives. This policy is necessary to avoid potential misunderstandings or disputes that may arise if any of our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of Nimb, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you. In addition, Nimb does not waive any rights to use similar or related ideas previously known to us, developed by Nimb, or obtained from sources other than you.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Nimb and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
We Are Not Responsible For Third-Party Links On The Nimb Service
Changes To The Nimb Service
Nimb may change or discontinue, temporarily or permanently, any feature or component of the Nimb Service at any time without prior notice to you. Nimb is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Nimb Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by a Nimb App through any Product without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your Nimb account or access, or otherwise terminate your use of the Nimb Service, at our sole discretion, at any time and without prior notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your Nimb account or access. Upon any termination, discontinuation or cancelation of the Nimb Service or your Nimb account or access, all of these Terms will survive to the full extent necessary to protect the party in whose favor they run.
You will indemnify and hold harmless Nimb and its affiliates and vendors, and their respective officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your unauthorized access to or use of the Nimb Service including by way of example only, the Nimb web site, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Governing Law and Dispute Resolution
You agree that any dispute between you and Nimb arising out of or relating to these Terms or any other aspect of the Nimb Service (collectively, “Disputes”) will be governed by the arbitration procedure outlined in Nimb’s Limited Warranty, which procedure is incorporated herein by reference.
As provided in Nimb’s Limited Warranty, these Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
You may not assign or transfer these Terms, by operation of law or otherwise, without Nimb’s express prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Nimb may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Nimb will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by Nimb to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service, and (iv) when received by electronic communication if you elect to receive notice from Nimb by electronic communication. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain Nimb products or services. In the event that there is a conflict between these Terms and any such additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
400 Main Street,
Los Altos, CA, 94022
PLEASE NOTE THAT THESE TERMS OF SERVICE MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY NIMB IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THESE TERMS OF SERVICE PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY SERVICES PERFORMED FOR OR RENDERED TO YOU ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: November 16, 2018 (subject to further changes)